BOSNIA - HIGHREP LAJCAK AND QUINT AMBASSADORS LOOK

C O N F I D E N T I A L SECTION 01 OF 02 SARAJEVO 002629

SIPDIS

SIPDIS

DEPARTMENT FOR EUR(DICARLO),EUR/SCE(HOH/FOOKS); NSC FOR
BRAUN; OSD FOR BIEN

E.O. 12958: DECL: 01/01/2016
TAGS: PGOV PINR PREL BK
SUBJECT: BOSNIA - HIGHREP LAJCAK AND QUINT AMBASSADORS LOOK
AHEAD

Classified By: Ambassador Charles English. Reason 1.4(b) and (d).


1. (C) SUMMARY: High Representative Lajcak met with Quint
Ambassadors on December 6 to take stock of the situation in
Bosnia and discuss how best to manage key issues over the
next several weeks. Lajcak reported that Prime Minister
Spiric (still in a technical mandate) planning to establish a
working group on police reform to implement the Mostar
Declaration. He noted that he would attend the December 11
meeting of governing coalition political leaders and urge
them to make the most of the "positive opening" created by
the initialing of the Stabilization and Association Agreement
(SAA). There was consensus among the HighRep and Quint
Ambassadors that constitutional reform should not be near
term priority, but little agreement on how to manage the
issue once police reform was resolved. The HighRep reported
that he planned to extend his ban on the disposal of state
property rather than press to resolve this issue in December
as he originally planned. Finally, the HighRep raised OHR's
future, suggesting a milestone-based extension might make the
most sense, but stressing that the decision on OHR's future
rested with the Peace Implementation Council (PIC),
particularly the Quint.
END SUMMARY

Police Reform: Police Reform Directorate II
--------------


2. (C) Lajcak told Quint Ambassadors that PM Spiric (still in
a technical mandate, but expected to be reappointed PM in the
coming days) was eager to create a "state-level" body that
would implement of the October 28 Mostar Declaration on
Police Reform. (Note: The state body would draft laws that
established the state-level police structures agreed to by
governing coalition party leaders at their November 22
Sarajevo meeting and codified in the so-called Sarajevo
Implementation Plan. End Note) Spiric told Lajcak that he
wants the state-level body to work with EUSR and the European
Union Police Mission (EUPM) and has invited both to name
representatives to it. Lajcak stressed that the EUSR and
EUPM representatives will not lead the police reform working
group or attempt to dictate the outcome; they would only
"provide corrective advice" if Bosnian members put forward
proposals inconsistent with the EU's requirements. Lajcak
invited the U.S. to name an observer to the group as well.

Constitutional Reform: Not Now
--------------


3. (C) Lajcak reported that he would attend the December 11
meeting of governing coalition party leaders in Banja Luka.
He anticipated that the Serb and Croat parties would raise
constitutional reform, but noted that the Bosniaks,
particularly Party for BiH (SBIH) leader Haris Silajdzic, are
unlikely to engage meaningfully on the issues, adding that
Silajdzic and Party for Democratic Action (SDA) President
Sulejman Tihic would prefer to focus on constitutional reform
after Kosovo final status is resolved. Lajcak said that he
would refrain from proposing any timelines or frameworks on
constitutional reform; instead he would encourage the parties
to devote their energies to completing police reform, so the
Stabilization and Association Agreement (SAA) could be
signed. Lajcak revealed that he and EU Enlargement
Commissioner Rehn had discussed co-hosting a seminar on
constitutional reform for party leaders in late January or
early February, which would discussion of "what a European
constitution might look like."


4. (C) The French Ambassador proposed that the EU prepare a
"general framework of constitutional requirements for entry
into the European Union" for party leaders at the same time
making clear that responsibility for amending the Dayton
Constitution rested squarely with the Bosnians themselves.
The British Ambassador cautioned that taking "a hands off
approach" to constitutional reform guaranteed one of two
outcomes: political leaders would fail to agree on
constitutional changes or they would reach agreement on
changes that made the current situation worse. He suggested
that the 2005 Venice Commission report provided a sufficient
framework for constitutional reform negotiations. The
Ambassador repeated A/S Fried's public comment that the U.S.
would remain engaged in the constitutional reform process.
Recalling that police reform had begun as an effort to put

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forward "European standards" for police organization and that
subsequent discussion showed a large contradictory "European
models" of organization, the Ambassador cautioned against
providing party leaders with specific EU requirements for
constitutional reform, noting that the EU consisted of 27
member states with 27 different constitutions. The
Ambassador recommended that OHR instead frame the
constitutional debate in terms of Bosnia's need for a
functional and efficient state.

State Property: Another Delay
--------------


5. (C) Lajcak reminded Quint Ambassadors that he had planned
to press for resolution of the state property issue during
December, when the HighRep's current ban on the disposal of
state property expires. Language on the issue in the June
and October Peace Implementation Council (PIC) communiques
was designed to justify using the Bonn Powers to resolve the
issues, if the parties failed to do so, which Lajcak
reported, had been the case. Nonetheless, Lajcak told Quint
Ambassadors that he planned to extend the ban by three months
(until the end of March) in light of the more recent guidance
from Quint capitals to avoid a confrontation with the RS
until after Kosovo final status was resolved. The German
Ambassador, underscoring that he was speaking under
instruction, welcomed the HighRep's decision, adding that
Berlin did not want to "open up more issues" until after
February 1, 2008.

OHR's Future
--------------


6. (C) The HighRep concluded the Quint by raising the issue
of whether OHR should remain open beyond June 2008. He
indicated that he wanted to visit Quint apitals prior to the
February 26-27 PIC to discus this issue. While he would not
"lobby" capital, Lajcak said that he believed OHR remained
necesary. He expressed concern that announcing an enddate
would instantly turn OHR into a lame duck and encourage
political leaders, particularly the Serbs and Croats, "to
wait us out." Lajcak indicated that he preferred a milestone
based extension, adding that two major milestones suggested
themselves: signing of an SAA and completion of
constitutional reform. The German Ambassador noted that his
government was undecided about OHR's future and would likely
propose Quint Political Directors meet in January to discuss
the issue. The British Ambassador reported that HMG's
current preference was to work towards "an end state, not an
end date," adding that the later had been tried and failed.
ENGLISH